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2023 Supreme(J&K) 432

SANJAY DHAR
Muzaffar Ahmad Rather – Appellant
Versus
UT OF J&K – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. R. A. Bhat, Advocate.
For the Respondent: Mr. Mubashir Majid Malik, Dy. AG.

JUDGMENT :

1) By the medium of instant petition, the petitioner has challenged the legality and veracity of the order No.15/DMK/PSA/2022 dated 08.04.2022, issued by District Magistrate, Kulgam - respondent No.2 herein, in terms whereof, Muzaffar Ahmad Rather S/o Abdul Rashid Rather R/o Munand Yaripora District Kulgam (hereinafter referred to as the detenue), has been ordered to be taken into preventive custody and lodged in Central Jail, Jammu (Kotbalwal), for preventing him from acting in any manner prejudicial to security, sovereignty and integrity of the State.

2) The petitioner has contended that the detaining authority has passed the impugned detention order mechanically without application of mind as the allegations mentioned in the grounds of detention have no nexus with the detenue and that the same have been fabricated by the police in order to justify its illegal action of detaining the detenue. It has been contended that the grounds of detention are vague on the basis of which no prudent man can make a representation against such allegations. It has been further contended that the procedural safeguards have not been complied with in the instant case, inasmuch as whole of t

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